BW Legal/Lowell threatening to take me to court

[Undercover Elsa]

Re: BW Legal/Lowell threatening to take me to court

You're most welcome Sharmaine

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I would just wait as Elsa says, no need to poke them if you don't need to

That sounds like a good idea, thank you very much.

This is such a helpful site, you're all brilliant.

[MrsD]

Re: BW Legal/Lowell threatening to take me to court

I would just wait as Elsa says, no need to poke them if you don't need to

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Thanks Elsa. Yes that's right, just old correspondence enclosed saying the account had been sold to Lowells, not on headed paper or anything. So they could have been 'typed' at any time. I am very clear that the default date was 14 July 2009 that's what is on the CRA file.
So - what should i do now Elsa? ignore their correspondence or perhaps write back enclosing copies of my previous correspondence for their information?

[Undercover Elsa]

Re: BW Legal/Lowell threatening to take me to court

Threads merged

So, this latest letter just said the account was on hold and enclosed old correspondence saying the account had been sold to Lowell?

If there was no demand for payment or threat of Legal action I would just wait and see what they send next if it was me.

In the meantime double check your dates on default/termination and last payment so you're sure of your ground when you do send the SB letter.

Elsa x

[Sharmaine62]

Re: Cheeky B&amp legal

Hi there. I can't access the link? But if it's a post that I did Feb 2014 then is likely the same
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[PlanB]

Re: Cheeky B&amp legal

in Jan 2014 I took AAD advice and sent a letter dated 4.2.14 in response to BWlegal asking them to formally provide me with a copy of my consumer credit agreement. Sent £1 PO recorded delivery. They had 12+2 days to respond. On 13 February 2014 they wrote to say they had received my request and that their client, Lowell, may have to refer to original creditor lloyds TSB and they would seek to get the documentation to me in 12 days. I never heard a word until today in the post a letter arrived to say my account is on hold until the 'documentation you have requested has been provided which will be forwarded to you upon receipt of same'. They have enclosed a letter addressed to me - not even on headed paper - dated 10 July 2010 saying my account with Creation had been sold to Lowell. Oh and I had not paid anything towards the debt since end of 2008 and it defaulted July 2009 so would by now be SB? What should I do? Ignore or send SB letter?.

^^^^ Is this all in connection with your previous thread here http://forums.all-about-debt.co.uk/s...l=1#post370448


In which case we can merge the two threads and then help you to get this situation sorted

Plan B x

[Sharmaine62]

Cheeky B&amp legal

Hi there. Quick background info: in Jan 2014 I took AAD advice and sent a letter dated 4.2.14 in response to BWlegal asking them to formally provide me with a copy of my consumer credit agreement. Sent £1 PO recorded delivery. They had 12+2 days to respond. On 13 February 2014 they wrote to say they had received my request and that their client, Lowell, may have to refer to original creditor lloyds TSB and they would seek to get the documentation to me in 12 days. I never heard a word until today in the post a letter arrived to say my account is on hold until the 'documentation you have requested has been provided which will be forwarded to you upon receipt of same'. They have enclosed a letter addressed to me - not even on headed paper - dated 10 July 2010 saying my account with Creation had been sold to Lowell. Oh and I had not paid anything towards the debt since end of 2008 and it defaulted July 2009 so would by now be SB? What should I do? Ignore or send SB letter? Please help.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Update: hello everyone - thought I would give an update after all your kind and helpful input/advice. So far despite sending the second letter as advised by Andrew BW Legal have not responded in any way. So, I guess they are still searching for the 'agreement'. It would have been nice if they had sent me a letter agreeing the debt is unenforceable but I guess I'm not going to get anything like that from them in a hurry. If I do hear from them in the negative will be back for more advice.
Once again thanks to all.

22nd April 2014: one quick question - never heard back from BW since my last letter to them. Nor have they sent back my postal order. Should I still leave well alone or write and ask them for my PO back if they are not intending to use it.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Will do. Thank you.

[SXGuy]

Re: BW Legal/Lowell threatening to take me to court

no, for now you leave it alone. You only reply if they contact you.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I posted the letter and have not heard back from BW..........so, what should my next move be? Do I ignore or write again insisting they agree the debt to be un enforceable ?

[ATW]

Re: BW Legal/Lowell threatening to take me to court

One more question - the last paragraph of the letter talks about how i intend to stop paying - as i haven't paid anything towards the debt since 2009 i will leave this bit out completely. And replace it with the bit about not intending to make any voluntary payments which you suggested in your earlier post.

i think its better to leave the last paragraph as :

"the account is clearly unenforceable"

no need for anymore than that really.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I need to learn how to link to those one of these days.

One more question - the last paragraph of the letter talks about how i intend to stop paying - as i haven't paid anything towards the debt since 2009 i will leave this bit out completely. And replace it with the bit about not intending to make any voluntary payments which you suggested in your earlier post.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

There is no magic wording as long as you refer to the fact that you have made a request for copy documents under s78 (1) and because they have failed to deal with that s78 (6) means that the agreement cannot now be enforced.

Thanks for taking time to reply. I'm not usually so paranoid about what to put (or not) to put in a letter. But i'm determined to fight this as almost all of the amount they are asking for is interest - i've not paid anything towards this since 2009.